International Governance and Law

International Governance and Law

State Regulation and Non-state Law

Edited by Hanneke van Schooten and Jonathan Verschuuren

Around the world, the role of national regulation is often hotly debated. This book takes as its starting point the fact that legislatures and regulators are criticized for overregulation and for producing poor-quality regulation which ignores input from citizens and stifles private initiative. This situation has enhanced the role of non-state law, in forms such as self-regulation and soft law. In this book, international scholars in various fields of law, as well as socio-legal studies, address the question to what extent non-state law currently influences state regulation, and what the consequences of non-state law are likely to be for state regulation.

Chapter 13: Conclusions and Challenges: Towards a Fruitful Relationship between State Regulation and Non-State Law

Hanneke van Schooten and Jonathan Verschuuren

Subjects: politics and public policy, international politics


13. Conclusions and challenges: towards a fruitful relationship between state regulation and nonstate law Hanneke van Schooten and Jonathan Verschuuren 1. QUESTIONS In recent decades, non-state law has boomed. The national state legislature’s power is generally thought to be diminishing given the shift in focus of various topics, such as trade, and the environment, to the global level. It is not just other states or supranational organizations that influence national law. Non-governmental organizations (NGOs) such as human rights organizations, environmental organizations and religious groups, as well as business organizations and multinational corporations, have also become important players in the field of law-making. It is hardly conceivable that regulation in such fields as the environment, the Internet or world security should be developed without these non-state actors. They play a part in a globalizing world that cannot be ignored by the state legislature and by regulators. This development sheds new light on the role of the state and thus on the role of state regulation. The state no longer has the monopoly of setting rules and regulations on topics that are considered to be in the public realm. In a world where non-state actors become increasingly important, so do the rules they make. However, the fact that globalization will continue to change the role of the state as the main producer and enforcer of rules and regulations is not the end of the state legislature. It remains important, not just for the allocation of collective resources, but also for (political)...

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